Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act (“PDA”). A recent Supreme Court case, Young v. UPS may increase the ability of pregnant...more

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical...more

With one in five Americans currently dealing with mental health issues and about half of Americans suffering from a diagnosable mental health condition within their lifetime, this is a topic which warrants serious attention....more

Question:
I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

The Eleventh Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a...more

A Southern District of Texas court recently issued an opinion which shows that an employee may take actions during a leave under the Family Medical Leave Act (FMLA) which preclude any future reasonable accommodation claim...more

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests
Does the EEOC expect preferential treatment for pregnant employees?
Originally published in Inside...more

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to...more

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...more

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

U.S. Supreme Court: Security Screenings Not Compensable -
Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Question:
I work in Human Resources at a mid-size Minnesota company and am working on an HR resource related to workplace accommodations. I am relatively familiar with the Americans with Disabilities Act, but am...more

This one is a real headache.
Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For...more

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

It’s that time of year again! Yes, it’s the season to be thankful and there are many holidays on the horizon. And it is also the time where we are overflowing with gatherings and activities for all our organizations and...more

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal...more

A pregnant nursing assistant for a long term care facility gives her employer a doctor’s note with a 20 pound lifting restriction for the duration of her pregnancy. The job requires her to lift in excess of 50 pounds on a...more

FMLA BASICS -
- Applies to employers with over 50 employees within 75 miles
- Applies to employees with at least 1,250 hours of service in last 12 months
- Permits up to 12 weeks of total leave (job or equivalent...more

Guidance Does Not Address State-specific Laws and Requirements -
The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in...more

It may be one of the best kept secrets impacting employers. Amendments to the Americans With Disabilities Act now means extended leave beyond the Family and Medical Leave Act is considered reasonable for employees under the...more

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

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